PROPOSED  AMENDMENTS 

OF  THE 


CITY  CHARTER, 

SUBMITTED  BY  THE  CITY  COUNCIL 

TO  THE  CITIZENS, 

0 

TO  BE  ACCEPTED  OR  REJECTED  BY  THEM, 

AT  WARD  MEETINGS, 

„  .  ,  ■*  » 

TO  BE  HOLDEN  ON  THE 

i 

FIRST  MONDAY  OF  FEBRUARY  NEXT. 


»  *  ■  ,  '4 

BOSTON: 

JOHN  II.  EASTBUftN,  CITY  PRINTER. 


1838 


AMENDMENTS 


OF  THE 


CITY  CHARTER. 


In  City  Council ,  December ,  1837. 

Whereas  the  recently  proposed  alterations  of  the 
City  Charter,  were  not  submitted  to  the  inhabitants,  in 
season  to  allow  a  sufficient  examination  thereof,  previous 
to  the  late  elections,  it  is  therefore 

Resolved ,  That  it  is  expedient,  that  the  legal  voters 
of  the  City  of  Boston,  should  be  notified  to  meet  in  their 
respective  wards,  on  the  First  Monday  of  February  next , 
then  and  there  to  give  in  their  votes  for  or  against  the 
alterations  of  the  City  Charter  proposed  by  the  City 
Council. 

Ordered ,  That  Aldermen  Wetmore  and  Quincy,  to¬ 
gether  with  Messrs.  Austin,  Josselyn,  and  Chapman,  of 
the  Common  Council,  be  a  Committee,  with  instructions 
to  prepare  a  statement  of  the  changes  and  reasons  for 
the  same,  proposed  in  the  City  Charter,  and  to  cause 
7,000  copies  of  the  same,  and  also  of  the  sections  pro¬ 
posed  to  be  altered,  both  in  their  present  and  amended 
forms,  to  be  distributed  amongst  the  citizens. 


STATEMENT,  &c. 


The  City  Council  being  of  opinion,  that  the  amend¬ 
ments  of  the  City  Charter  recently  submitted  to  the  cit¬ 
izens,  are  of  great  importance  in  preventing  perplexing 
questions,  and  facilitating  the  discharge  of  their  duties, 
and  having  reasons  to  believe  that  these  amendments 
were  rejected  at  the  late  balloting,  solely  because  the 
citizens  had  not  had  an  opportunity  to  examine  and  un¬ 
derstand  them — have  instructed  a  joint  Committee  to 
prepare  a  statement  of  the  changes  proposed  and.  of  the 
,c  reasons  therefor,  and  to  submit  the  same,  with  copies  of 
--  those  parts  of  the  Charter,  in  which  alterations  are  con¬ 
templated,  both  in  their  present  and  amended  forms,  to 
3 the  citizens,  for  examination  and  comparison,  previously 
'  to  giving  their  ballots  thereon,  on  the  1st  Monday  of  Feb¬ 
ruary  next . 

In  pursuance  of  these  instructions,  the  following  state¬ 
ment  is  respectfully  submitted.  And  each  citizen  is  re¬ 
quested  to  give  it  a  careful  perusal,  and  having  so  done, 
-oto  express  his  opinion  at  the  polls,  upon  each  separate 
o amendment  proposed. 

The  idea  of  altering  the  charter  at  all,  originated  in 
^the  experience  of  many  difficulties,  arising  from  omis¬ 
sions  and  ambiguous  phraseology  in  several  parts  of  it. 
Contested  Elections  in  one  branch  of  the  Citv  Govern- 
ment  and  much  discussion,  both  at  ward  meetings,  and 
in  the  Council,  as  to  the  powers  and  duties  of  City  offi¬ 
cers,  have  been  thus  caused,  which  a  little  more  particu¬ 
larity  in  the  Charter  would  have  prevented.  It  was 
not,  of  course,  to  be  expected,  that  the  first  draft  of 
gan  instrument,  embracing  so  many  subjects  and  details  as 
£a  Charter  for  a  City,  and  made  at  a  time  when  the  mat- 
Ster  was  wholly  new  in  the  Commonwealth,  should  be 
Sframed  with  such  accuracy,  as  to  meet  all  emergencies 


4 


s 


that  might  occur.  Experience  would  naturally  show 
imperfections,  and  at  the  same  time,  the  appropriate 
remedies.  Such  having  been  in  fact  the  case,  the  pres¬ 
ent  is  deemed  a  proper  time  to  attempt  these  remedies. 

It  will  accordingly  be  seen,  that  most  of  the  changes 
proposed  have  in  view,  the  removal  of  doubts,  the  sup¬ 
plying  of  omissions,  and  the  furnishing  of  more  ex¬ 
plicit  directions  as  to  the  elections  and  duties  of  city  of¬ 
ficers.  Some  others,  however,  of  a  different  charac¬ 
ter,  are  proposed,  which,  though  not  of  sufficient  im¬ 
portance  in  themselves  to  have  caused  a  revision  of 
the  Charter,  yet,  as  one  was  to  be  made,  it  was  thought 
advisable  to  suggest.  A  material  alteration,  as  to  the 
mode  of  choosing  Overseers  of  the  Poor,  is  also  propo¬ 
sed,  for  reasons  which  will  be  stated,  in  considering  the 
particular  section  in  which  it  is  made. 

With  these  preliminary  remarks,  as  to  the  general  ob¬ 
jects  proposed  by  the  amendments,  the  Committee  will 
briefly  state  the  particular  changes  contemplated,  and 
the  reasons  for  them,  in  the  order  in  which  they  occur  in 
the  Charter. 

The  statement  in  each  case  will  be  preceded  by  copies 
of  the  amendments  proposed,  accompanied,  where  such 
amendments  are  substitutes  for  present  provisions  upon 
the  same  subject,  with  copies  of  such  provisions  in  their 
present  form. 


I.  ELECTION  OF  MUNICIPAL  OFFICEPtS. 

New  Draft . 

Sect.  2.  The  annual  meeting  of  citizens  for  the  election  of 
municipal  officers  hereinafter  mentioned,  shall  be  held  on  the  first 
Wednesday  of  December,  and  the  citizens  of  said  city, 

<1 


qualified 


to  vote  in  city  affairs,  shall  for  the  purpose  of  such  election  then 
meet  together  within  their  respective  wards,  at  such  hour  and  place 
as  the  Mayor  and  Aldermen  may  by  their  warrant  direct  and  ap¬ 
point.  And  in  order  to  determine  the  result  of  any  election,  the 
whole  number  of  persons  who  voted  at  such  election,  shall  first  be 
ascertained  by  counting  the  whole  number  of  separate  ballots  given 
in  ;  and  no  person  shall  be  deemed  or  declared  to  be  elected, 
who  shall  not  have  received  a  majority  of  the  whole  number  of 
ballots  :  and  in  all  returns  of  elections,  the  whole  number  ol  bal¬ 
lots  given  in  shall  be  distinctly  stated  ;  but  blank  pieces  of  paper 
shall  not  be  counted  as  ballots  ;  and  if  at  any  election,  a  greater 
number  of  candidates,  than  the  number  to  be  elected,  shall  sever¬ 
ally  receive  a  majority  of  the  whole  number  of  ballots,  a  number 
equal  to  the  number  to  be  elected,  of  such  as  have  the  greatest 
excess  over  such  majority,  shall  be  deemed  and  declared  to  be 
elected  ;  but  if  the  whole  number  to  be  elected  cannot  be  thus 
completed,  by  reason  of  any  two  or  more  of  such  candidates  hav¬ 
ing  received  an  equal  number  of  ballots,  the  candidates  having 
such  equal  number  shall  be  deemed  not  to  be  elected. 

This  section  is  entirely  new,  and  contemplates  three 
objects. 

1.  To  make  one  general  provision,  as  to  the  time  of 
holding  the  annual  meeting  for  the  choice  of  city  offi¬ 
cers,  instead  of  repeating  it  in  providing  for  the  choice 
of  each  officer,  as  is  the  case  in  the  present  Charter. 

2.  To  change  the  day  of  the  annual  meeting  from 
the  “2 d  Monday ”  to  the  “  1st  Wednesday ”  in  Decem¬ 
ber.  This  is  done,  to  prevent  the  caucuses,  usually 
holden  on  the  evening  preceding  the  day  of  election, 
from  occurring  on  Sunday  evening, — it  being  thought 
that  this  had  better  be  avoided,  when  it  can  be  as  well 
as  not. 

3.  To  incorporate  into  the  Charter,  the  general  pro¬ 
vision  of  the  Revised  Statutes  of  the  Commonwealth,  as 
to  the  mode  of  counting  ballots.  This  is  done  verbatim . 
And  the  object  of  inserting  it  in  the  Charter  is,  that  the 


6 


% 


ward  officers  may  have  easier  access  to  so  important  a 
provision, — than  if  compelled  to  turn  to  the  Revised 
Statutes. 


II.  ELECTION  OF  WARD  OFFICERS. 

Present  Charter. 

Sect.  3.  Be  it  further  enacted ,  That  on  the  second  Mon¬ 
day  of  December,  annually,  the  citizens  of  said  city,  qualified  to 
vote  in  city  affairs,  shall  meet  together  within  their  respective 
wards,  at  such  time  and  place  as  the  Mayor  and  Aldermen  may, 
by  their  warrant  direct  and  appoint,  and  the  said  citizens  shall 
then  choose  by  ballot,  one  Warden  and  one  Clerk,  who  shall  be 
resident  in  said  ward,  who  shall  hold  their  offices  for  one  year, 
and  until  others  shall  be  appointed  in  their  stead.  And  it  shall 
be  the  duty  of  such  Warden  to  preside  at  all  meetings  of  the 
citizens  of  such  ward,  to  preserve  order  therein  ;  and  it  shall  be 
the  duty  of  such  Clerk  to  make  a  fair  and  true  record,  and  keep 
an  exact  journal  of  all  the  acts  and  votes  of  the'citizens,  at  such 
ward  meetings  ;  to  deliver  over  such  records  and  journals,  to¬ 
gether  with  all  other  documents  apd  papers  held  by  him,  in  his 
said  capacity,  to  his  successor  in  such  office.  And  if,  at  the 
opening  of  any  annual  meeting,  the  Warden  of  such  ward  should 
not  be  present,  the  Clerk  of  such  ward  shall  call  the  citizens  to 
order,  and  preside  at  such  meeting,  until  a  Warden  shall  be 
chosen  by  ballot.  And  if,  at  any  other  meeting,  the  Warden 
shall  be  absent,  the  Clerk,  in  such  case,  shall  so  preside,  until  a 
Moderator,  or  Warden  pro  tempore  shall  be  chosen,  which  may 
be  done  by  nomination  and  hand-vote,  if  the  Clerk  so  direct.  At 
such  meeting  also,  five  Inspectors  of  Elections  shall  be  chosen 
for  such  ward,  being  resident  therein,  by  ballots,  to  hold  their 
offices  for  one  year.  And  it  shall  be  the  duty  of  the  Warden 
and  Inspectors,  in  each  ward,  to  receive,  sort,  count  and  declare 
all  votes,  at  all  elections  within  sueh  ward.  And  the  Warden, 
Clerk,  and  Inspectors,  so  chosen,  shall  respectively  be  under 
oath,  faithfully  and  impartially  to  discharge  their  several  duties 
relative  to  all  elections  ;  which  oath  may  be  administered  by  the 
Clerk  of  such  ward  to  the  Wardens,  and  by  the  latter  to  the 
Clerk  and  Inspectors,  or  by  any  Justice  of  the  Peace  of  the 
county  of  Suffolk  ;  and  a  certificate  of  such  oath’s  having  been 
administered,  shall  be  entered  in  the  record  or  journal  to  be  kept 
by  the  Clerk  of  such  ward. 


7 


Amended  Draft . 

Sect.  3.  The  citizens  of  said  city  shall  at  their  annual  meet¬ 
ing  choose  by  ballot  one  Warden  and  one  Clerk,  and  five  Inspec¬ 
tors  of  Elections  for  each  ward,  who  shall  be  resident  in  said 
ward,  who  shall  hold  their  offices  for  one  year,  and  until  others 
shall  be  appointed  in  their  stead.  And  it  shall  be  the  duty  of  such 
Warden  to  preside  at  all  meetings  of  the  citizens  of  such  ward, 
and  to  preserve  order  therein  ;  and  it  shall  be  the  duty  of  such 
Clerk  to  make  a  fair  and  true  record,  and  keep  an  exact  journal 
of  all  the  acts  and  votes  of  the  citizens  at  such  ward  meetings  ; 
and  to  deliver  over  such  records  and  journals,  together  with  all 
other  documents  and  papers  held  by  him  in  his  said  capacity,  to 
his  successor  in  such  office.  And  if  at  any  meeting,  the  War¬ 
den  shall  be  absent,  the  Clerk,  shall  call  the  citizens  to  order  and 
preside,  until  a  Warden  pro  tempore  shall  be  chosen  ;  which  may 
be  done  by  nomination  and  hand  vote,  if  the  Clerk  so  direct. 

s  ' 

And  it  shall  be  the  duty  of  the  Warden  and  Inspectors,  in  each 
ward,  to  receive,  sort,  and  count,  and  of  the  Warden  to  declare 
all  votes  at  all  elections  within  such  ward.  And  the  Warden, 
Clerk,  and  Inspectors,  so  chosen,  shall  respectively  be  under 
oath,  faithfully  and  impartially  to  discharge  their  several  duties 
relative  to  all  elections  ;  which  oath  may  be  administered  by  the 
Clerk  of  such  ward,  to  the  Warden,  and  by  the  Warden  to  the 
Clerk  and  Inspectors,  or  to  all  said  officers,  by  any  Justice  of 
the  Peace  for  the  county  of  Suffolk  ;  and  a  certificate  that  such 
oaths  have  been  administered,  shall  be  entered  in  the  record  or 
journal  to  be  kept  by  the  Clerk  of  such  ward,  and  in  case  of  the 
absence  of  the  Clerk  or  any  of  the  Inspectors  from  any  ward 
meeting,  such  officers  may  be  chosen  pro  tempore  by  hand  vote. 
In  case  no  election  of  Warden,  Clerk  or  Inspectors  should  be 
made  at  the  annual  meeting,  adjournments  may  be  had  for  the 
purpose  of  effecting  such  election,  in  the  same  manner  as  is  here¬ 
inafter  provided  with  regard  to  the  election  of  members  of  the 
Common  Council 

The  substantial  alterations  proposed  by  the  preceding 
amendment,  are  in  three  particulars. 

1 .  The  present  Charter  provides,  that  if  the  Warden  of 


8 


any  ward  is  absent  from  any  annual  meeting ,  a  Warden 
pro  tempore  shall  be  chosen  by  ballot , — but  if  absent  from 
any  other  than  an  annual  meeting,  such  choice  may  be 
made  by  hand  vote .  There  seeming  to  be  no  occasion 
for  this  difference  in  the  two  cases,  and,  as  being  easily 
overlooked,  it  might  lead  to  difficulty,  it  is  by  the  pro¬ 
posed  draft  abolished,  and  provision  is  made,  that  in  all 
cases  of  the  absence  of  the  Warden,  a  Warden  pro  tem¬ 
pore  may  be  chosen  by  hand  vote. 

2.  By  the  present  Charter,  no  provision  is  made  for 
the  temporary  absence  of  the  Clerk,  or  any  of  the  In¬ 
spectors,  from  any  ward  meeting.  This  omission  is  sup¬ 
plied  im  the  new  draft,  by  a  provision,  that  in  case  of 
any  such  absence,  a  Clerk  or  Inspectors  pro  tempore  may 
be  chosen  by  hand  vote. 

3.  By  the  present  Charter,  no  provision  is  made  for 
the  case  of  a  failure  to  elect  any  of  the  ward  officers 
at  the  annual  meeting,  and  no  adjournment  therefor  is  in 
terms  allowed.  This  defect  it  is  proposed  to  supply,  by 
providing,  that  in  case  of  such  failure  to  elect  any  of  the 
ward  officers  at  the  annual  meeting,  adjournments  may 
be  had  to  complete  such  elections,  in  the  same  manner 
as  afterwards  provided  in  regard  to  the  election  of  mem¬ 
bers  of  the  Common  Council. 


III.  ELECTION  OF  COMMON  COUNCILMEN. 

Present  Charter. 

Sect.  7.  Be  it  further  enacted ,  That  the  citizens  of  each 
ward,  qualified  to  vote  as  aforesaid,  at  their  respective  ward 
meetings,  to  be  held  on  the  second  Monday  of  December  annu¬ 
ally,  shall  be  called  upon  to  give  in  their  votes  for  four  able  and 
discreet  men,  being  inhabitants  of  said  ward,  to  be  members  of 
the  Common  Council  ;  and  all  the  votes  given  in  as  afore¬ 
said,  in  each  ward,  and  being  sorted,  counted,  and  declared  by 
the  Warden  and  Inspectors,  if  it  appear  that  four  persons  have  a 


9 


majority  of  all  the  votes  given  at  such  election,  a  public  declara¬ 
tion  thereof,  with  the  names  of  the  persons  so  chosen,  shall  be 
made  in  open  ward  meeting,  and  the  same  shall  be  entered  at 
large,  by  the  Clerk  of  such  ward,  in  his  journal,  stating  partic¬ 
ularly  the  whole  number  of  votes  given  in,  the  number  necessary 
to  make  a  choice,  and  the  number  actually  given  for  each  of  the 
persons,  so  declared  to  be  chosen.  But,  in  case  four  persons 
are  not  chosen  at  the  first  ballot,  a  new  ballot  shall  be  opened 
for  a  number  of  Common  Councilmen,  sufficient  to  complete  the 
number  of  four,  and  the  same  proceedings  shall  be  had  as  before 
directed,  until  the  number  of  four  shall  be  duly  chosen:  Provided , 
however ,  That  if  the  said  elections  cannot  conveniently  be  com¬ 
pleted  on  such  day,  the  same  may  be  adjourned  to  another  day, 
for  that  purpose,  not  longer  distant  than  three  days.  And  each 
of  the  persons  so  chosen  as  a  member  of  the  Common  Council, 
in  each  ward,  shall,  within  two  days  of  his  election,  be  furnished 
with  a  certificate  thereof,  signed  by  the  Warden,  Clerk,  and  a 
majority  of  the  Inspectors  of  such  ward  ;  which  certificate  shall 
be  presumptive  evidence  of  the  title  of  such  person  to  a  seat  in 
the  Common  Council  ;  but  such  Council,  however,  shall  have 
authority  to  decide  ultimately  upon  all  questions  relative  to  the 
qualifications,  elections,  and  returns  of  its  members. 

Amended  Draft . 

Sect.  8.  At  the  annual  meeting,  the  citizens  of  each  ward 
shall  be  called  upon  to  give  in  their  votes  for  four  able  and  dis¬ 
creet  men,  being  inhabitants  of  said  ward,  to  be  members  of  the 
Common  Council  :  and  all  the  ballots  so  given  in,  in  each  ward, 
being  sorted  and  counted  by  the  Warden  and  Inspectors,  and 
declared  by  the  Warden,  if  it  appear  that  four  persons  have  a 
majority  of  all  the  ballots  given  at  such  election,  a  public  decla¬ 
ration  thereof,  with  the  names  of  the  persons  so  chosen,  shall  be 
made  by  the  Warden,  in  open  ward  meeting  ;  and  in  all  cases,  a 
record  of  such  proceeding  shall  be  kept  by  the  Clerk,  in  his 
journal,  stating  particularly  the  whole  number  of  ballots  given  in, 
the  number  necessary  to  make  a  choice,  the  number  actually  giv¬ 
en  for  each  person,  and  also  the  number  of  blanks  on  ballots  con¬ 
taining  some  name  or  names, — the  whole  to  be  written  in  words 
at  length.  In  case  four  persons  are  not  chosen  at  the  first  bal¬ 
loting  in  any  ward,  the  meeting  of  said  ward  shall  be  adjourned, 
by  the  presiding  officer,  for  the  purpose  of  filling  the  vacancies, 

to  a  period,  not  less  than  twenty-four,  nor  more  than  seventy-two 
2 


10 


hours  distant,  from  the  hour  when  the  polls  were  opened  at  the 

it 

first  balloting,  the  time  of  adjournment,  within  such  limits,  to  be 
determined  by  the  hand  vote  of  the  citizens  of  the  ward,  who 
may  be  present,  when  such  adjournment  is  had  ;  and  at  such  ad¬ 
journed  meeting,  a  balloting  shall  be  opened  for  a  number  of 
Common  Councilmen,  sufficient  to  complete  the  number  of  four, 
which  shall  be  conducted,  and  its  result  be  declared  and  record¬ 
ed  in  the  same  manner,  as  before  prescribed  for  the  first  ballot¬ 
ing.  And  in  case  there  shall  be  still  vacancies  in  the  number  of 
Common  Councilmen,  in  any  ward,  adjournments  of  the  meet¬ 
ings  of  the  citizens  thereof,  for  the  purpose  of  filling  the  same, 
shall  continue  to  be  had  in  the  same  manner  to  periods  not  less 
than  twenty-four,  nor  more  than  seventy-two  hours  distant  from 
each  other,  at  all  of  which,  the  balloting  shall  be  conducted,  and 
the  result  be  declared  and  recorded  in  the  same  manner  as  be¬ 
fore  prescribed,  until  the  number  of  four  shall  be  duly  chosen. 
And  at  all  such  adjournments  the  polls  shall  be  kept  open  the 
same  number  of  hours  as  were  required  by  the  original  warrant. 
Provided ,  however ,  That  if  at  the  close  of  the  last  legally  ad¬ 
journed  meeting  of  any  ward,  as  aforesaid,  preceding  the  first 
Monday  of  January,  there  shall  still  be  vacancies  in  the  number 
of  Common  Councilmen  for  any  ward,  no  further  adjournment 
shall  be  had, — but  a  record  of  the  fact,  and  of  the  number  of  such 
vacancies,  shall  be  made  by  the  Clerk  of  the  ward  in  his  journal, 
signed  therein  by  the  Warden,  Clerk,  and  a  majority, of  the  In¬ 
spectors,  an  attested  copy  of  which  record,  shall  forthwith  be 
delivered  by  the  Clerk  of  the  ward  to  the  City  Clerk,  whose 
duty  it  shall  be  to  lay  the  same  before  the  Mayor  and  Aldermen, 
at  their  first  meeting  in  January :  and  the  Mayor  and  Aldermen 
shall  forthwith  issue  their  warrant  for  a  meeting  of  the  citizens  of 
such  ward  to  fill  the  vacancies  in  the  number  of  Common  Coun¬ 
cilmen,  at  such  time  and  place  as  they  shall  judge  most  con¬ 
venient.  And  the  same  proceedings,  and  adjournments,  if  neces¬ 
sary,  within  the  same  limits,  shall  be  had  in  all  respects,  under 
such  new  warrant,  as  have  been  prescribed,  under  the  former  one, 
until  the  number  of  four  Common  Councilmen  for  such  ward, 
shall  be  duly  chosen.  And  in  case  of  the  death  or  resignation 
of  any  member  of  the  Common  Council,  the  Mayor  and  Aider- 
men,  upon  receiving  official  notice  thereof,  from  the  Common 


I 


11 

Council,  shall  forthwith  issue  their  warrant  for  a  meeting  of  the 
citizens  of  the  ward,  in  which  such  vacancy  has  occurred,  for 
the  purpose  of  filling  the  same  :  and  the  same  proceedings  shall 
be  had  in  all  respects,  and  adjournments,  if  necessary,  within  the 
same  limits,  under  such  warrant,  as  have  been  prescribed,  for  the 
annual  meeting  for  the  election  of  Common  Councilmen.  Pro¬ 
vided ,  however ,  That  if  any  such  vacancy  shall  not  have  been 
filled  at  the  close  of  the  last  legally  adjourned  meeting  of  any 
ward,  prior  to  the  first  Monday  of  January,  no  further  proceed¬ 
ings  shall  be  had,  but  the  meeting  shall  be  adjourned  without  day. 
And  notice  shall  be  given  of  all  the  adjournments  before  men¬ 
tioned  in  two  or  more  of  the  public  newspapers  by  the  Clerk  of 
each  ward.  All  persons  chosen  as  members  of  the  Common 
Council,  in  each  ward,  shall,  within  two  days  of  their  election, 
be  furnished  with  a  certificate  thereof,  signed  by  the  Warden, 
Clerk,  and  a  majority  of  the  Inspectors  of  such  ward  ;  which 
certificate  shall  be  presumptive  evidence  of  the  title  of  such 
person  to  a  seat  in  the  Common  Council  ;  but  such  Council 
shall  have  authority  to  decide  ultimately  upon  all  questions  rela¬ 
tive  to  the  qualifications,  elections,  and  returns  of  its  members. 

Section  8th  of  the  new  draft,  is  an  entire  revision  of 
Section  7  of  the  present  Charter. 

The  present  provision,  as  to  the  election  of  Common 
Councilmen,  has  been  found  to  be  very  imperfect,  and 
its  phraseology  of  doubtful  meaning.  Much  difficulty  has 
arisen,  in  acting  under  it,  and  it  is  believed  that  all  the 
contested  elections,  since  the  establishment  of  the  City, 
have  been  caused  by  the  loose  language,  admitting  of 
various  constructions,  employed  in  this  section.  It  also 
omits  to  meet  many  important  contingencies. 

Its  defects  have  been  found  in  practice,  to  be  the  fol¬ 
lowing  : — 

1.  It  leaves  it  uncertain  in  what  mode  adjournments 
shall  be  had. 

2.  It  does  not  distinctly  provide  how  many  adjourn¬ 
ments  may  be  had,  whether  only  one,  or  more. 


3.  While  it  fixes  a  limit  to  the  time  of  adjournment, 
on  one  side,  that  it  shall  not  exceed  three  days ,  it  estab¬ 
lishes  none  on  the  other,  as  to  the  shortest  period,  to 
which  an  adjournment  may  be  had. 

4.  It  makes  no  provision,  as  to  the  time  which  the 
polls  shall  be  kept  open,  at  any  adjourned  meeting. 

5.  It  does  not  provide  for  the  contingency  of  not 
completing  the  election  of  Common  Councilmen,  at  the 
close  of  the  official  existence  of  the  Board  that  issues 
the  warrant,  which,  as  the  elections  commence  in  De¬ 
cember,  may  sometimes  occur. 

6.  It  omits  to  provide  for  filling  such  vacancies  in 
the  Common  Council,  as  may  occur  during  the  year, 
from  death  or  resignation. 

7.  No  provision  is  made  for  giving  notice  to  the 
citizens  of  the  adjournments  that  may  be  had. 

To  remove  these  doubts  and  difficulties,  and  to  make 
the  whole  matter  distinct  and  definite,  the  proposed 
amendment  provides,  in  case  of  a  failure  to  elect  the 
whole  number  of  Common  Councilmen  at  the  first  meet¬ 
ing, — following  the  order  observed  in  naming  the  objec¬ 
tions  to  the  present  provisions, — 

1.  That  the  meeting  “  shall  be  adjourned  by  the  pre¬ 
siding  officer;11 — thereby  making  it  his  peremptory  duty 
to  declare  such  meeting  adjourned,  without  the  necessi¬ 
ty  of  taking  any  vote  upon  the  subject. 

2.  That  adjournments  shall  positively  continue  to  be 
had,  until  the  whole  number  shall  be  chosen,  and  this, 
not  only  through  the  month  of  December,  when  the 
elections  begin,  but  through  the  whole  of  the  succeeding 
year,  if  necessary. 

3.  That  such  adjournments  shall  always  be  to  a  pe¬ 
riod  u  not  less  than  twenty-four ,  nor  more  than  seventy- 
two  hours  distant  from  the  hour  when  the  polls  were  open¬ 
ed  at  the  first  balloting — thereby,  on  the  one  hand, 


13 


preventing  such  short  adjournments,  as  would  be  incon¬ 
sistent  with  fair  notice  to  the  citizens  interested,  and 
with  their  having  an  opportunity  to  vote, — and  on  the 
other,  forbidding  such  long  or  indefinite  adjournments, 
as  would  amount  to  depriving  any  ward  of  its  proper 
representation  in  the  council.  It  will  be  observed,  that 
while  the  adjournments  are  peremptorily  ordered  to  be 
made  by  the  presiding  officer,  without  taking  any  vote, 
— yet  that  the  time  of  the  adjournments,  within  the 
aboved  named  limits,  is  “  to  he  determined  by  the  hand 
vote  of  the  citizens  of  the  ward  who  may  he  present ,  when 
such  adjournment  is  had”  So  that  while  no  vote  of  the 
citizens  is  to  be  taken  as  to  whether  an  adjournment 
shall  be  had  or  not — which  w7ould  be  wdiolly  useless, 
where  an  adjournment  is  positively  directed, — yet  that  as 
to  the  time  of  adjournment,  within  the  prescribed  limits 
they  have  a  discretion. 

4.  That  at  every  adjourned  meeting,  “  the  polls  shall 
he  kept  open  the  same  number  of  hours ,  as  were  required 
by  the  original  warrant” — thereby  preventing  an  imme¬ 
diate  close  of  the  polls,  and  securing  to  every  citizen  a 
fair  opportunity  to  vote. 

5.  That  in  case  there  shall  still  be  vacancies  in  the 
number  of  Common  Councilmen  for  any  ward,  at  the 
close  of  the  official  existence  of  the  Board  that  issued 
the  warrant — the  fact  shall  be  properly  certified  to  the 
new  Board,  who  shall  issue  a  new  warrant,  under  which 
the  ballotings  shall  be  continued. 

6.  A  distinct  direction  as  to  filling  vacancies  caused 
by  death  or  resignation. 

7.  That  notice  of  all  adjournments,  u  shall  he  given 
by  the  Clerk  in  at  least  two  newspapers  ,”  thereby  secur¬ 
ing  proper  notice  to  all  interested. 


14 


IV.  ELECTION  OF  SCHOOL  COMMITTEE. 

New  Draft . 

Sect.  9.  The  citizens  of  each  ward,  shall  be  called  upon,  at 
their  annual  meeting,  to  give  in  their  votes  for  two  able  and  dis¬ 
creet  men,  being  inhabitants  of  said  ward,  to  be  members  of  the 
School  Committee,  and  thereupon  the  same  proceedings  shall  be 
had  as  are  before  directed  in  the  election  of  members  of  the  Com¬ 
mon  Council.  And  each  of  the  persons  so  chosen  as  a  member 
of  the  School  Committee,  in  each  ward,  shall,  within  two  days 
of  his  election,  be  furnished  with  a  certificate  thereof,  signed  by 
the  Warden,  Clerk,  and  a  majority  of  the  Inspectors  of  such 
ward  ;  which  certificate  shall  be  presumptive  evidence  of  the  title 
of  such  person  to  a  seat  in  the  said  board,  but  said  Committee, 
shall  have  authority  to  decide  ultimately  upon  all  questions  rela¬ 
tive  to  the  qualifications,  elections,  and  returns  of  its  members. 

The  object  of  this  section,  which  is  an  addition  to  the 
Charter  is, 

1.  To  provide  more  specifically  for  the  election  of 
the  School  Committee,  than  is  done  in  the  Act  of  the 
Legislature  of  April  7,  1835,  not  altering,  however,  in 
any  way,  the  constitution  of  that  body. 

2.  To  give  to  the  School  Committee  “  authority  to 
decide  ultimately  upon  all  questions  relative  to  the  quali¬ 
fications ,  elections  and  returns  of  its  members' ? — which 
authority,  by  the  present  Charter,  is  vested  no  where, 
but  which  it  is  deemed  proper,  that  the  School  Commit¬ 
tee  itself  should  possess. 


V.  PUBLIC  BUILDINGS. 

Present  Charter . 

Sect.  16.  The  City  Council  also  shall  have  the  care  and 
superintendence  of  the  public  buildings,  and  the  care,  custody, 
and  management  of  the  property  of  the  city,  with  power  to  lease  or 


15 


sell  the  same,  (except  the  Common  and  Faneuil  Hall,)  with  power 
also  to  purchase  property,  real,  or  personal,  in  the  name,  and  for 
the  use  of  the  city,  whenever  its  interest  or  convenience  may  in 
their  judgment,  require  it. 


New  Draft. 

Sect.  22.  The  City  Council  also  shall  have  the  care  and 
superintendence  of  the  public  buildings,  and  the  care,  custody, 
and  management  of  the  property  of  the  city,  with  power  to  !»ease 
or  sell  the  same,  except  the  Common  and  Faneuil  Hall,  and  to 
authorise  and  empower  either  branch  of  said  council  or  any  Com¬ 
mittee  thereof  to  lease  or  sell  the  same.  And  the  said  City 
Council  shall  have  power  also  to  purchase  property,  real  or  per¬ 
sonal,  in  the  name,  and  for  the  use  of  the  city,  whenever  its  in¬ 
terest  or  convenience  may,  in  their  judgment,  require  it. 

By  the  latter  part  of  Section  16  of  the  present  Charter, 

#  for  which  Section  22  of  the  new  draft  is  proposed  as  a 

substitute,  the  power  to  “  lease  or  sell  the  public  proper¬ 
ty,  excepting  the  Common  and  Faneuil  Hall”  is  confided 
1  to  the  City  Council .  It  is  often  much  more  convenient 

to  have  this  power  delegated  to  the  Mayor  and  Aider- 
men,  or  a  Committee  of  that  Board, — as  it  can  in  that 
way,  be  better  executed,  and  with  far  less  trouble,  than 
by  a  joint  Committee  of  both  boards,  to  be  called  to¬ 
gether  upon  every  application.  But  it  has  long  been  a 
vexed  question,  whether  a  power  confided  to  the  City 
Council,  could  be  delegated  to  either  branch.  It  is  pro¬ 
posed  in  the  amended  draft  to  settle  this  question,  by 
simply  adding  the  words  “  and  to  authorize  and  empower 
either  branch  of  said  Council ,  or  any  Committee  thereof 
to  lease  or  sell  the  samef — thereby  giving  the  City 
Council  authority  so  to  delegate  the  power,  leaving  it 
however  to  their  discretion,  whether  to  do  so  or  not. 
No  other  alteration  is  proposed  in  this  matter,  except 
making  the  addition  above  named. 


4 


f 


16 


VI.  OVERSEERS  OF  THE  POOR. 

Present  Charter . 

Sect.  19.  And  the  said  citizens  shall,  at  the  same  time  and 
in  like  manner,  elect  one  person  in  each  ward,  to  be  an  Overseer 
of  the  Poor  ;  and  the  persons  thus  chosen,  shall  together  consti¬ 
tute  the  Board  of  Overseers  for  said  city,  and  shall  have  all  the 
powers  and  be  subject  to  all  the  duties,  now  by  law  appertaining 
to  the  Overseers  of  the  Poor  for  the  town  of  Boston,  until  the 
same  shall  be  altered  or  qualified  by  the  Legislature. 

New  Draft . 

Sect.  24.  The  said  City  Council  shall  have  pow'er  and  they 
are  hereby  authorised  to  provide  for  the  election  of  one  person 
in  each  ward  as  Overseers  of  the  Poor  for  the  said  City. 

t 

/  i, 

« 

By  the  new  draft  it  is  proposed,  that  the  City  Coun¬ 
cil  shall  “  provide  for  the  election  of  one  person  in  each 
ward  as  Overseers  of  the  Poorf  instead  of  their  being 
chosen  by  the  citizens  directly,  in  each  ward,  as  they 
are  under  the  present  Charter. 

It  will  be  observed,  that  there  is  no  intention  of  abol¬ 
ishing  the  office  of  Overseers  of  the  Poor,  or  of  disturb¬ 
ing  the  present  arrangement  of  having  one  in  each  ward. 
The  change  proposed  is  simply  in  the  mode  of  their  elec¬ 
tion,  that  is,  to  have  this  made  by  the  City  Council,  in 
stead  of  by  the  citizens.  It  is  hoped  that  an  objection,  that 
by  the  proposed  change,  the  City  Council  are  grasping 
.  at  power  which  does  not  properly  belong  to  them,  will 
not  be  considered  as  requiring  a  serious  answer. 

Two  leading  reasons  for  the  proposed  change  will  be 
stated,  and  are  deemed  sufficient. 

1 .  The  Overseers  of  the  Poor  are,  as  a  corporation 
established  by  law,  the  managers  of  a  fund  derived  from 
private  contribution,  bequests  and  legacies,  which,  at  the 
present  time,  amounts  to  considerably  more  than  one 


I 


17 


hundred  thousand  dollars ,  and  for  the  use  and  disburse¬ 
ment  of  which,  they  are  practically  responsible  to  no 
one.  These  funds  were  given  by  different  individuals, 
for  objects  not  very  unlike  in  their  character  those  for 
which  the  City  gives  the  control  of  money  to  the  Over¬ 
seers  every  year,  in  the  appropriation  bill ;  and  it  seems 
proper  that  the  body  which  is  called  upon  to  make  the 
appropriation,  should  have  the  means  of  knowing  how 
large  that  appropriation  ought  to  be.  As  it  is,  no  one 
but  an  Overseer  of  the  Poor,  knows  the  amount  of  in¬ 
come  from  these  private  funds,  nor  how  far  they  may  be 
used  for  the  same  purposes,  to  which  the  public  contri¬ 
butes. 


Now,  although  it  may  not  be  possible,  by  any  arrange- 

i 

ment,  to  compel  the  Overseers  of  the  Poor  to  account  to 
the  City  Government,  for  property  which  they  hold,  or 
acts  which  they  do  in  their  corporate  capacity, — yet  it  is 
believed,  that  such  an  account  will  be  much  more  likely 
to  be  obtained,  should  these  Overseers  be  chosen  by  the 
City  Council,  than  as  they  now  are,  in  a  manner  wholly 
independent  of  the  Council.  The  importance  of  having 
the  City  Council  informed  of  the  amount  and  applica¬ 
tion  of  so  large  a  fund  as  the  Overseers  hold,  for  the  ben¬ 
efit  of  the  poor,  in  order  that  they  may  be  able,  if  pos¬ 
sible,  thereby  to  diminish  the  burden  now  annually  im¬ 
posed  upon  the  City  by  appropriations  for  that  unfortu¬ 
nate  class,  must  be  obvious  to  every  one.  And  the  pro¬ 
posed  change,  as  to  the  mode  of  electing  the  Overseers, 
it  is  believed,  will  lead  to  the  attainment  of  that  end 
2.  The  great  burden  of  our  pauper  system  is  felt  and 
acknowledged  by  all.  All,  therefore,  would  rejoice  in 
seeing  it  reformed,  if  possible.  One  of  the  greatest  ob¬ 
stacles  in  the  way  of  such  reform,  is  the  present  want  erf 
system  and  uniformity.  At  present,  the  Overseers  of 
the  Poor,  are  elected  by  the  people, — whilst  the  Direc- 

3 


7 


18 


> 


tors  of  all  the  houses  at  South  Boston,  are  chosen  by 
the  City  Council.  There  can  be,  therefore,  no  concert 
of  action,  or  unity  of  plan,  while  the  Boards  who  con¬ 
trol  the  public  charity,  derive  their  existence  and  powr- 
ers  from  different  sources.  To  the  important  end,  there¬ 
fore,  of  reducing  the  administration  of  the  public  chari¬ 
ties  to  some  uniform  system,  and  securing  concert  of 
action  amongst  its  several  departments,  the  proposed 
change  in  the  mode  of  choosing  the  Overseers  of  the 
Poor,  seems  essential.  It  is  believed,  that  the  whole 
control  of  all  the  departments  of  this  great  business  of 
taking  care  of  the  poor,  should  be  confided  to  one  body , 
instead  of  being  discordantly  exercised,  as  it  now  is, 
partly  by  the  people,  and  partly  by  the  City  Council. 
And  it  is  further  believed,  that  the  whole  matter  can  be 
conducted  with  less  inconvenience,  and  with  more  cer¬ 
tainty  of  success,  than  in  any  other  way. 

For  these  reasons,  the  proposed  change  is  submitted 
to  the  citizens. 


VII.  POWERS  OF  SCHOOL  COMMITTEE. 

Sect.  31 .  The  said  Committee  shall  have  the  care  and  man¬ 
agement  of  the  Public  Schools,  and  may  elect  all  such  instructers 
as  they  deem  proper  and  remove  the  same  whenever  they  con¬ 
sider  it  expedient.  And  they  are  also  empowered  to  distribute 
the  sum,  which  shall  be  annually  appropriated  by  the  City  Coun¬ 
cil,  among  the  instructers  in  the  Public  Schools,  so  fixing  the 
amount  of  the  salary  of  each  instructer,  however,  as  that  in  no 
case  shall  the  aggregate  amount  of  all  said  salaries,  exceed  the 
whole  sum  that  shall  have  been  so  appropriated  by  the  said 
Council.  And  generally  they  shall  have  all  the  powers,  in  re¬ 
lation  to  the  care  and  management  of  the  Public  Schools,  which 
the  Selectmen  of  Towns  or  School  Committees,  are  authorised 
by  the  laws  of  this  Commonwealth  to  exercise. 


19 


This  Section  merely  incorporates  into  the  City  Char¬ 
ter,  the  provisions  of  two  City  Ordinances,  passed,  one 
of  them  March  24,  1822,  and  the  other  March  23,  1830, 
and  under  which  the  School  Committee  have  acted,  since 
the  passage  of  the  Ordinances. 


VIII.  LISTS  OF  QUALIFIED  VOTERS. 

Present  Charter . 

* 

Sect.  24.  Be  it  further  enacted ,  That  prior  to  every  elec¬ 
tion  of  city  officers,  or  of  any  officer  or  officers  under  die  govern¬ 
ment  of  the  United  States  or  of  this  Commonwealth,  it  shall  be 
the  duty  of  said  Mayor  and  Aldermen  to  make  out  lists  of  all  the 
citizens  of  each  ward,  qualified  to  vote  in  such  election,  in  the 
manner  in  which  Selectmen  and  Assessors  of  towns  are  required 
4  to  make  out  similar  lists  of  voters,  and  for  that  purpose  they  shall 

»  have  free  access  to  the  Assessors’ books  and  lists,  and  be  entitled 

to  the  aid  and  assistance  of  all  Assessors,  Assistant  i\ssessors, 
1  and  other  officers  of  said  City.  '  And  it  shall  be  the  duty  of  said 

Mayor  and  Aldermen  to  deliver  such  list  of  voters  in  each  ward, 
so  prepared  and  corrected,  to  the  clerk  of  said  ward,  to  be  used 
by  the  Warden  and  Inspectors  thereof  at  such  election  ;  and  no 
person  shall  be  entitled  to  vote  at  such  election,  whose  name  is 
not  borne  on  such  list.  And  to  prevent  all  frauds  and  mistakes 
in  such  elections,  it  shall  be  the  duty  of  the  Inspectors,  in  each 
ward,  to  take  care  that  no  person  shall  vote  at  such  election, 
whose  name  is  not  so  borne  on  the  list  of  voters,  and  to  cause  a 
mark  to  be  placed  against  the  name  of  each  voter  on  such  list,  at 
the  time  of  giving  in  his  vote. 

New  Draft. 

Sect.  34.  It  shall  be  the  duty  of  the  Assessors  of  the  City 
of  Boston,  once  in  each  year,  at  the  time  when  they  make  a  list 
of  the  inhabitants  for  the  purposes  of  taxation,  to  make  also  a 
separate  and  distinct  alphabetical  list  of  the  qualified  voters  in  the 
respective  wards,  so  far  as  they  can  ascertain  them  by  careful  in¬ 
quiry  in  their  annual  visits  through  the  City,  taking  care  that  each 
name  is  spelt  correctly — designating  separately  the  name  of  each 

I 


r 


person  composing  a  firm  or  copartnership,  and  specifying,  as  far 
as  practicable,  the  street  and  number  where  each  voter  on  their 
said  list  resides. 

And  it  shall  further  be  the  duty  of  the  said  Assessors,  to  de¬ 
posit  the  original  lists  of  voters  so  made  by  them,  as  they  are 
completed  for  each  ward,  with  the  Mayor  and  Aldermen. 

Sect.  35.  It  shall  be  the  duty  of  the  City  Treasurer,  twice 
in  each  year,  namely,  once  in  the  month  of  October,  not  more 
than  twenty,  nor  less  than  fifteen  days  before  the  second  Monday 
in  November,  and  once  in  the  month  of  November,  not  more 
than  twenty  nor  less  than  fifteen  days  before  the  first  Wednesday 
in  December,  to  return  to  the  Mayor  and  Aldermen  an  accurate 
list  of  all  persons  who  shall  not  have  paid  into  the  City  Treasury 
any  State  or  County  tax,  which  within  two  years  preceding  the 
time  of  such  return  shall  have  been  assessed  upon  them,  excepting 
such  as  shall  be  by  law  exempt  from  taxation. 

Sect.  36.  It  shall  be  the  duty  of  the  Mayor  and  Aldermen, 
ten  days  at  least  prior  to  the  election  of  city  officers,  or  of  any 
officer  or  officers  under  the  government  of  the  United  States,  or 
of  this  Commonwealth,  from  the  last  list  of  qualified  voters  of  the 
city,  deposited  with  them  by  the  Assessors,  and  from  the  last 
return  made  to  them  by  the  City  Treasurer  as  directed,  and 
from  such  other  satisfactory  evidence,  as  may  be  furnished  them, 
to  make  out  correct  alphabetical  lists  of  all  the  citizens  of  each 
ward,  qualified  to  vote  in  such  elections, — to  cause  the  said  list 
for  each  ward,  to  be  posted  up  in  one  or  more  public  places,  in 
each  ward  respectively,  ten  days  at  least  prior  to  each  election — 
and  also  to  cause  one  copy  of  all  such  ward  lists  to  be  exposed  to 
public  inspection,  at  their  room,  for  the  space  of  at  least  ten  days 
prior  to  every  election.  And  the  said  Mayor  and  Aldermen,  shall 
by  the  full  board  or  by  a  committee,  as  they  shall  deem  best,  be 
in  session,  for  the  space  of  ten  days  at  least  prior  to  the  day  of 
election,  for  the  purpose  of  receiving  evidence  of  the  qualifica¬ 
tions  of  persons,  claiming  a  right  to  vote  in  such  elections,  and  of 
correcting  the  lists  of  voters.  And  it  shall  further  be  the  duty 
of  the  said  Mayor  and  Aldermen,  at  a  reasonable  time  before  the 
opening  of  the  polls  for  each  election,  to  deliver  such  list  of 
voters  in  each  ward,  so  prepared  and  corrected,  to  the  Clerk  of 
said  ward,  to  be  used  by  the  Warden  and  Inspectors  thereof  at 


such  election  ; — and  after  such  lists  have  been  so  delivered  to 
the  Clerks  of  the  several  wards,  no  alterations  therein  shall  be 
made,  of  any  kind,  by  any  person  or  for  any  cause  whatever, 
but  the  same  shall  be  conclusive  for  the  purpose  of  such  elec¬ 
tion.  And  it  shall  be  the  duty  of  the  Inspectors  of  Elections  in 
each  ward,  to  receive  the  votes  of  all  persons,  whose  names 
are  borne  on  the  list  of  voters  of  their  ward,  and  to  refuse  the 
votes  of  all  persons,  whose  names  are  not  borne  on  said  list, 
without  any  discretionary  power  on  their  part ; — Provided  how¬ 
ever ,  that  if  any  person  claim  to  vote  by  a  name,  which,  though 
borne  on  the  ward  list,  is  believed  by  the  Inspector,  to  whom 
the  vote  is  offered,  to  be  intended  for  another  person  of  the  same 
name,  he  shall  refer  the  same  to  the  Warden,  whose  duty  it  shall 
be  to  decide  upon  the  reception  or  rejection  of  the  vote.  And 
the  Inspector  shall  cause  a  mark  to  be  placed  against  the  name  of 
•each  voter  in  such  list,  at  the  time  of  giving  his  vote. 

The  object  of  these  three  sections  ( Sections  34,  35 
and  36  of  the  new  draft),  which  together  constitute  a 
substitute  for  Section  24  of  the  present  Charter,  is  to 
insure,  as  far  as  possible,  the  making  of  correct  voting 
lists  of  the  qualified  voters  of  the  city.  The  difficulties 
arising  under  the  present  very  imperfect  provision  upon 
this  subject,  have  been  felt  by  all,  and  are  believed  to  be 
these, — 

1.  The  Mayor  and  Aldermen  have  now  no  basis  for 
preparing  these  lists,  excepting  that  annually  taken  by 
the  Assessors,  for  the  purposes  of  taxation.  But  this 
last  is  required  to  be  “  of  every  male  inhabitant,  between 
the  ages  of  sixteen  and  seventy  years,  and  whether  a 

*  citizen  or  alien,:? — thereby  embracing  a  large  number  of 
persons,  who  either  from  want  of  age  or  of  citizenship, 
are  not  qualified  voters.  The  consequence  is,  that  the 
names  oi  many  persons  improperly  get  upon  the  voting- 
lists,  and  when  once  there,  it  is  difficult,  if  not  impossi¬ 
ble,  to  remove  them. 

2.  The  Mayor  and  Aldermen  have  now  no  official 


22 


information,  as  to  those,  who,  though  in  other  respects 
qualified  voters,  have  yet  forfeited  their  right  by  not  pay¬ 
ing  their  taxes.  The  names  of  those  persons,  therefore, 
which  should  be  stricken  from  the  lists,  are,  from  this 
want  of  information,  improperly  permitted  to  remain. 

3.  There  is  great  want,  or  extreme  looseness  of  pro¬ 
vision,  as  to  the  time  of  having  the  ward  lists  made  up 
and  exhibited, — and  also  as  to  the  rights  and  duties  of 
the  Inspectors  of  Elections,  as  to  the  reception  and  re¬ 
jection  of  votes,  during  the  several  elections. 

The  proposed  amendments  are  designed  to  remedy 
these  difficulties  as  follows,  viz  : — 

1.  To  remedy  the  first  named  difficulty,  Section  34 
of  the  new  draft  provides,  that  the  Assessors,  in  their  an¬ 
nual  visits  through  the  city,  in  addition  to  making  a  list 
of  persons  taxable,  shall  make  another  and  distinct  one 
of  the  qualified  voters ,  with  as  much  accuracy  as  possi¬ 
ble,  and  return  the  same  when  made  to  the  Mayor  and 
Aldermen, — who  will  thus  have  a  much  more  accurate 
basis  for  preparing  the  voting  lists. 

2.  To  remedy  the  difficulty  secondly  above  named, 
Sect.  35,  makes  it  the  duty  of  the  City  Treasurer,  a  suf¬ 
ficiently  long  period  before  each  election,  to  return  to 
the  Mayor  and  Aldermen  a  list  of  all  those  who  have 
not  paid  the  taxes,  a  payment  of  which  is  necessary  to 
constitute  them  legal  voters. 

3.  The  difficulties  thirdly  above  named,  are  propos¬ 
ed  to  be  remedied  by  Sect .  36  of  the  new  draft,  wrhich 
provides, — 

1.  That  the  Mayor  and  Aldermen,  from  the  lists  so 
returned,  and  from  other  evidence  that  may  be  furnish¬ 
ed  them,  shall  make  out  alphabetical  lists  of  the  voters 
of  each  ward,  ten  days  at  least,  before  each  election. 

2.  That  they  shall  cause  the  list  for  each  ward  to  be 


V 


posted  up  in  some  public  place  therein,  ten  days  at  least, 
prior  to  each  election. 

3 .  That  they  shall  cause  one  copy  of  all  the  ward  lists, 
to  be  exposed  to  public  inspection,  in  their  room,  for  at 
least  ten  days  before  every  election. 

4.  That  they  shall  be  in  session,  either  by  full  board 
or  a  committee,  for  ten  days  at  least,  prior  to  every  elec¬ 
tion,  to  correct  the  lists. 

5.  That  they  shall  deliver  the  lists,  on  days  of  elec¬ 
tion,  to  the  Clerks  of  Wards. 

6.  That  after  the  lists  are  so  delivered,  they  shall  on 
no  account  be  altered  by  any  one,  but  be  conclusive  for 
the  purpose  of  such  election  : — thereby  preventing  all 
confusion  arising  from  changing  the  lists  while  elec¬ 
tions  are  going  on. 

7.  That  the  Inspectors  of  Elections  shall  receive  the 
votes,  if  offered,  of  all  persons,  whose  names  are  on  the 
list,  and  shall  refuse  the  votes  of  those  whose  names  are 
not  on  the  list,  without  any  discretion  on  the  part  of  the 
Inspectors  ; — thereby  preventing  any  disputes,  as  to  the 
right  of  voting,  during  the  pendency  of  an  election,  and 
making  the  lists  conclusive  upon  the  Inspectors. 

8.  That  if  any  controversy  arise  in  consequence  of 
several  persons  having  the  same  name,  the  Warden 
alone  shall  determine  it. 

It  is  not  supposed,  that  perfect  accuracy  in  the  prepa¬ 
ration  of  the  ward  lists  can  be  attained  by  any  provis¬ 
ions.  But  it  is  believed  that  the  adoption  of  the  three 
sections  proposed  will  cause  a  great  improvement  in  this 
important  matter. 


The  foregoing  are  all  the  substantial  alterations  pro¬ 
posed  in  the  Charter,  and  those  upon  which  the  citizens 
will  be  called  to  vote,  and  the  Committee  have  stated 


the  reasons,  which  recommend  them.  Some  other  ver¬ 
bal  changes  and  transpositions,  for  the  purpose  of  better 
arrangement  have  been  made,  but  which  do  not  affect 
the  substance  of  the  Charter. 

It  is  desirable  that  the  citizens  should  vote  upon  each 
of  these  alterations  separately,  and  it  is  proposed  that 
ballots  should  be  given  in,  in  the  following  form. 

CITY  CHARTER,  NEW  DRAFT. 

1.  Shall  Sect.  2d  as  to  Annual  Meetings  be  approved  ? 

2.  Shall  Sect.  3d  as  to  Election  of  Ward  Officers  be  ap¬ 
proved  ?  . 

3.  Shall  Sect.  8th  as  to  Election  of  Common  Councilmen  be 

approved  ? 

4.  Shall  Sect.  9th  as  to  Election  of  School  Committee  be 
approved  ? 

5.  Shall  Sect.  ’22d  as  to  care  of  Public  Property  be  ap¬ 
proved  ? 

6.  Shall  Sect.  24th  as  to  Election  of  Overseers  of  the  Poor 
be  approved  ? 

7.  Shall  Sect.  31st  as  to  Powers  of  School  Committee  be 
approved  ? 

8.  fehall  Sect.  34  ^  -r  *  .  c  v£  j  .  i 

u  or  L  as  to  Lists  oi  Qualified  Voters  be  ap- 

u  3Q  t  proved  ? 

9.  Shall  the  new  draft  be  presented  to  the  Legislature  for 
their  action,  with  the  exception  of  such  sections,  (if  any)  as  may 
be  voted  against  by  a  majority  of  the  citizens  :  and  in  case  any 
of  these  alterations  be  rejected  by  the  citizens,  shall  the  draft  be 
sent  to  the  Legislature  conforming  to  the  present  provisions  of 
the  Charter  on  the  subjects  where  the  change  proposed  is  not 
accepted  ? 


